Legal Opinion

Palmer v. Santvoord

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 1 opinion

Appeal by Seymour Van Santvoord and another, as receivers of .the Walter A. Wood Mowing and Reaping Machine Company, from an order of the Supreme Court, made at the Rensselaer Special Term and entered in the office of the clerk of the county of Rensselaer on. the 28th day of January, 1897, directing them to pay the plaintiff his wages as a preferred claim under the statute.

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Appeal by Seymour Van Santvoord and another, as receivers of .the Walter A. Wood Mowing and Reaping Machine Company, from an order of the Supreme Court, made at the Rensselaer Special Term and entered in the office of the clerk of the county of Rensselaer on. the 28th day of January, 1897, directing them to pay the plaintiff his wages as a preferred claim under the statute. The respondent was employed by the Walter A. Wood Mowing and Reaping Machine Company prior to the appointment of the appellants as its receivers. The nature of his employment is stated in the appeal papers as follows:…

1Opinion of the Court

Putnam, J.:

From the statement contained in the Case as to the nature of the services performed by the respondent for the Walter A. Wood Mowing and Reaping Machine Company prior to the appointment of the appellants as its receivers, we think we must hold that he was an “employee, operative or laborer,” within the meaning of chapter 376, Laws of 1885.

His business was “ to set up machines and to take them do wn, and to fix the same when out of repair; to. go from place-to-place andfix and set up the machines of said company for farmers;' * * * to unpack the machines, and to repack them.”…

2Cases cited2 opinions

  1. In re New York Locomotive WorksNew York Supreme Court · 1893
  2. Brown v. A, B, C Fence Co.New York Supreme Court · 1889

3Cited by1 opinion

  1. In re the Accounting of GinsburgNew York Supreme Court · 1899

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